Introduction
Alimony is monetary compensation, during a divorce or after the divorce proceedings alimony granted to the spouse who is unable to support himself/herself.
There are two types of alimony and it applies according to the Indian laws as well. (i) The maintenance amount is given during the time of the court proceedings. (ii) Second, it’s given after the legal separation. After separation alimony can be taken as a (1) onetime lump-sum amount (2) Fixed payment, which could be the monthly, depending on the requirement of the spouse[1].
Section 25 grant permanent alimony and maintenance. During the time of fixing of the amount for maintenance, the court takes into account the status of the opposite party. The provisions which come under section 25 of the Act are not controlled by section 18 of the Hindu Adoption and Maintenance Act, 1956[2].
How Does the Court Decide on the Alimony/Maintenance Amount?
The court decide the amount of alimony on various parameters (i) The income of the spouse (ii) Their standard of living and financial status (iii) Financial needs of the individuals also are taken into account (iv) There is no fixed formula to qualify the amount, it is in the range of one fifth to one- third of the gross earnings of the spouse who has to pay alimony (v) Number of years the couple has been married (vi) Number of children (vii) Emotional investment.
If the wife manages to get another source of income then husband has a right to stop the payment or he can also request to reduce the amount. The wife will get some alimony if her husband’s financial status or income is very high. After remarries of wife the husband is no more responsible to pay alimony[3]. Alimony not need to be paid in case the wife remarries then the husband is not required to pay alimony but husband still bond to maintain his children[4]. Wife will get alimony to maintain her standard of living that is similar to that of her husband.
Once the court passed the order that spouse has to pay alimony which was decided and if the payments are not made on time then court can take further action against the spouse. After the divorce maintenance can taken by wife or by husband[5].
Alimony Under Hindu Marriage Act, 1955
Either the wife or the husband made an application and any court excersing its jurisdiction can order either the husband or the wife to pay to the applicant for his/her maintenance.
While deciding the maintenance the court keeps some important things in mind.
- Income of the against party
- Property of the against party
- The conduct of the parties
After fixing the alimony if the court is satisfied that there is a change in the circumstances of either party at any time the court may, rescind any such order[6].
Rights for Women Under Hindu Adoption and Maintenance Act, 1956
In case of a Hindu wife they have entitled to live separately from her husband and has a right to claim maintenance and alimony will be granted to her.
Alimony will be granted to her some ground-:
- If the husband is guilty of desertion, willfully neglecting her
- If the cruelty take place as to cause a reasonable apprehension in her mind that it will be harmful to live with her husband
- Husband is suffering from virulent form of leprosy
- Another wife living
- Husband has keep a concubine in the same house in which his wife is also living[7].
Alimony under Muslim Law
In Muslim law women are given right to alimony not the men. Under the Muslim law protection of rights on Divorce Act, 1986 they can approach the court for alimony.
After divorced Muslim women is entitled to the following-:
- A reasonable maintenance amount to be paid within the iddat period
- The amount which was fixed at the time of her marriage which we called mahr or dower that would be paid or according to Muslim law
Alimony is decided under Muslim divorce and Maintenance laws on the needs of the divorced women, the standard of life enjoyed by her during her marriage and payable by such relatives in the proportions in which they would inherit her property[8].
Alimony Under Christian Law
Under section 36 of the Indian Divorce Act, 1969 a Christian’s women can claim her to alimony and the husband will be entitled to pay the alimony[9].
Alimony Rights Under Section 125 of CrPC
As per the provision of Crpc the rights of alimony is available for women. Section 125 of Crpc talks about alimony rights to wife which is given by the husband. Several other alimony rights grants the right of interim maintenance also[10].
Cases
Venna Kallia v. Jatinder Nath Kallia
The husband left his wife and marriageable daughter in India and settled in foreign country. Husband denied for the payment of maintenance on the ground that husband obtained divorced in foreign country to which the wife had accepted the maintenance under foreign judgment, court held that foreign judgment was not binding on her[11]. Supreme Court’s view was given in Surinder Kaur Sandhu v. Harbax Singh Sandhu court allowed the decree of divorce in favour of wife upon the grounds of cruelty, desertion and adultery. Husband was married in foreign country and had three children. Husband was directed to deposit Rs 10 lakhs for marriage of his daughter[12].
Shanta Ram v. Dagoo Devi
Court held that the right of maintenance can be claim by her not only in proceeding under Section 25 but also in other proceeding where the validity of wife’s marriage is determined. It can be claimed by her husband’s death and get maintenance by her property. If she remarries it would be stop. Court also held that woman marriage is void or is declared to be void, a right of maintenance against her husband[13].
Conclusion
Alimony is a relief for that spouse who cannot maintain themselves after the divorce. The court grants it, based on the income. It also depends on under which law the petition for alimony has been filed by spouse.
References
[1] lawrato.com
[2] Modern Hindu law, U.P.D Kesari
[3] lawrato.com
[4] theswaddle.com
[5] lawrato.com
[6] blog.ipleaders.in
[7] blog.ipleaders.in
[8] blog.ipleaders.in
[9] blog.ipleaders.in
[10] blog.ipleaders.in
[11] Veena Kallia v. Jatinder Nath Kallia,Modern Hindu law, U.P.D Kesari
[12] Surinder Kaur Sandhu v. Harbax Singh Sandhu, Modern Hindu law, U.P.D Kesari
[13] Shanta Ram v. Dagoo Devi, Modern Hindu law, U.P.D Kesari
This article is written by Abhilasha Goswami student of 2nd year B.A.LL.B at Law School, Patna
Also Read: How To Respond A Divorce Notice By Husband?
